Harvey, et al. v. Seminole County et al.

Filing 15

ORDER adopting Report and Recommendations - re 11 Report and Recommendations; Overruling 13 Objection and Granting Motion for Extension; The Complaint (Doc. 1) is Dismissed without prejudice. Plaintiff Harvey may file an Amended Complaint on or before March 25, 2016. Signed by Judge Carlos E. Mendoza on 3/10/2016. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JOSEPH HARVEY and ANJA
KANNELL,
Plaintiffs,
v.

Case No: 6:16-cv-56-Orl-41TBS

SEMINOLE COUNTY, SHERIFF,
SEMINOLE COUNTY SHERIFF’S
OFFICE, STEVEN SOTO and HALL,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiffs’ Application to Proceed in District Court
Without Prepaying (“Motion to Proceed,” Doc. 10), which this Court construes as a motion for
leave to proceed in forma pauperis. United States Magistrate Judge Thomas B. Smith submitted a
Report and Recommendation (Doc. 11), which recommends that the Complaint (Doc. 1) be
dismissed without prejudice for failure to state a claim as to the claims asserted by Plaintiff Harvey,
and that he be given leave to file an Amended Complaint. Judge Smith also recommends that the
Court reserve ruling on the Motion to Proceed until Plaintiff Harvey has been given an opportunity
to file an amended pleading. (Id. at 6). Finally, Judge Smith recommends that all claims asserted
by Plaintiff Kannell be dismissed without prejudice and with to leave to amend to allow her to
assert those claims through legal counsel or pro se. (Id. at 5).
Plaintiff Harvey filed an Objection (Doc. 13), which appears to object to the Report and
Recommendation to the extent Judge Smith declined to review any claim allegedly asserted on
behalf of Plaintiff Kannell and recommended that her claims be dismissed without prejudice. The

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right of self-representation is “a personal right that does not extend to the representation of the
interests of others.” Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (per curiam). Thus, to
the extent the Complaint purports to assert rights on behalf of Plaintiff Kannell, those claims are
not properly before the Court and it was proper for Judge Smith to decline to address any such
claim and to recommend that those claims be dismissed without prejudice.
Plaintiff Harvey also requests that the deadline for amending be March 25, 2016, as
opposed to February 25, 2016, as recommended by Judge Smith. (See Obj. at 1–2; R. & R. at 5).
The Court construes this portion of the Objection as a Motion for Extension. The Court will grant
the motion insofar as it relates to Plaintiff Harvey. To the extent the Motion for Extension attempts
to seek an extension on behalf of Plaintiff Kannell, the Court notes that the Report and
Recommendation sets a deadline only with respect to Plaintiff Harvey, and thus, there is no
deadline to extend with respect to Plaintiff Kannell. (R. & R. at 5). However, the Court reminds
Plaintiff Harvey that he cannot request relief on behalf of Plaintiff Kannell. Any paper filed with
this Court that purports to speak for Plaintiff Kannell must either be signed by her or proper legal
counsel who has filed an appearance on her behalf. Both Plaintiff Harvey and Plaintiff Kannell are
hereby placed on notice that continued failure to follow this rule will result in more than a written
admonition.
After an independent de novo review of the record, the Court agrees entirely with the
findings of fact and conclusions of law in the Report and Recommendation. The Court will also
grant Plaintiff Harvey’s Motion for Extension.
Therefore, it is ORDERED and ADJUDGED as follows:
1. Plaintiff Harvey’s Objection (Doc. 13) is OVERRULED.

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2. The Report and Recommendation (Doc. 11) is ADOPTED and CONFIRMED and
made a part of this Order.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. Plaintiff Harvey’s Motion for Extension (Doc. 13) is GRANTED.
5. Plaintiff Harvey may file an Amended Complaint on or before March 25, 2016.
To the extent Plaintiff Harvey elects to file an Amended Complaint, he must fully
comply with the rules and Orders of this Court and must assert only his own legal
rights. Failure to timely file a completely conforming document may result in the
dismissal of this case without further notice.
6. Plaintiff Kannell may elect to assert her legal rights in the Amended Complaint. To
the extent she elects to do so, she must assert her own rights and must sign the
Amended Complaint on her own behalf or through proper legal counsel.
DONE and ORDERED in Orlando, Florida on March 10, 2016.

Copies furnished to:
Unrepresented Parties

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